Page:The Green Bag (1889–1914), Volume 24.pdf/164

 New York State Bar Association

141

WORKMEN'S COMPENSATION

THE CRIMINAL INSANE

A spirited debate occurred on the subject of workmen's compensation. Francis Lynde Stetson introduced a reso lution making it the sense of the Asso ciation that an amendment to the state constitution should be adopted, to the effect that nothing in the constitution should be construed to forbid the enact ment of laws requiring the payment by employers of reasonable compensation to employees who are injured in their work regardless of who is to blame for the injuries. This resolution was referred to a com mittee, which later asked the adoption of a resolution empowering the com mittee to co-operate with a similar com mittee of the City Bar Association, the joint committee to have the power, without consulting the Association, to recommend amendments to the consti tution to the legislature. A storm of protest, led by William B. Hornblower, followed. Mr. Hornblower declared it was too great a power to give to any committee. An amendment was offered by Mr. Hornblower stripping the com mittee of the power to recommend amendments. Paul Fuller said that workingmen all over the country were aroused by the situation and charging that inaction was another example of the delays of lawyers. He suggested that Mr. Hornblower offer a substitute resolution, but Mr. Hornblower would not do this, so a vote was taken on the amendment. It was defeated by a narrow margin and the original resolution was then passed by a bare majority. Mr. Stetson, in recognition of the opposition, then offered a resolution directing the committee to inspect all pending amendments to the constitution on the liability law and to help the Legislature with suggestions.

The proposal of changing the verdict in cases of the criminally insane from the present phrasing of "not guilty because insane" to the verdict of "guilty, but insane," as in the English law, was urged by John Brooks Leavitt, Chair man of the Committee on Proposed Legislation Relative to the Commit ment and Discharge of the Criminal Insane. No action was taken on the report other than to authorize the com mittee to confer with committees of other associations as to whether the existing law needs change. The Committee on Salaries of Federal Judges reasserted its recommendation of last year in favor of increasing the pay of such judges. The committee characterized the present pay as grossly inadequate, and several members pointed out that Congress itself had twice in recent years to be called upon to pro vide financially for the widows and children of dead Supreme Court Jus tices. Among the resolutions adopted was one embodying the appointment of a committee to investigate and tabulate the records of judges on the bench in New York — as to hours spent on the bench, the number of jury cases heard, the number of cases decided without juries, the percentage of convictions or judgments as compared to dismissals. The resolution was amended to include the percentage of reversals, and then adopted. The Committee on the Amendments of the Law in Respect to the Registra tion of Titles also submitted its report. THE ANNUAL BANQUET

The annual dinner was held at the Waldorf-Astoria on Saturday evening. Senator Root presided, and President Taft was the last speaker.